Caledonian Collieries Ltd v Speirs (1957) 97 CLR 202
Tort; Negligence; breach of the duty of care; assessing reasonable care; factors; likelihood of harm.
Facts: While driving, Speirs collided on a level crossing with some railway trucks that were running out of control and had turned down a section of sloping line owned by Caledonian Collieries. He died as a result. The evidence showed that no mechanism had been created to prevent railway trucks from coming unexpectedly onto the Caledonian Collieries' line from other connected railway lines. Speirs's wife alleged that the collieries were liable in Negligence.
Issue: One aspect of the case was whether or not there was a practical way of eliminating the danger of railway trucks coming onto the Caledonian Collieries' line.
Decision: A majority of the court held that the available means of avoiding the harm were fairly drastic, involving some expense and operating delays. However, when balanced against the gravity of the potential harm, these preventive measures would have been reasonable and therefore should have been implemented.
Reason: Dixon CJ, McTiernan, Kitto and Taylor JJ said (at [16]):
"But when the danger to be guarded against is of the order of a level crossing collision, it may well be that drastic measures are within the limits of reasonable care."